Law and Psychology Commons^™

Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.

Michigan Law Review

Defendant was committed to a public mental hospital before standing trial on an indictment for robbery. One year later he was brought to trial after being discharged from the hospital as mentally competent. His only defense was insanity. The psychiatrist who had been appointed by the court to examine the defendant testified in support of this defense. The prosecution, in turn, introduced the testimony of the hospital psychiatrist who had attended the defendant during his internment. This psychiatrist was instructed by the trial court that communications between him and the defendant were not privileged. Accordingly, he testified that the defendant …

Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Psychiatry And Criminal Responsibility, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Petrazycki: Law And Morality, William R. Jentes S.Ed.

Michigan Law Review

A Review of Law and Mortality. By Leon Petrazycki

Psychiatry And Public Policy, George H. Dession

Buffalo Law Review

This address was given on the occasion of the 1954 Convocation of the Washington School of Psychiatry on October 16, 1954, at the Statler Hotel, Washington, D. C. This article is reprinted from PSYCHIATRY: JOURNAL FOR THE STUDY OF INTERPERSONAL PROCESSES, Vol. 18, No. 1 (Feb. 1955), pp. 1-8, with the gracious permission of the Editor.

Due Process Rights Of Mentally Ill Parents In Nonconsensual Adoptions

Indiana Law Journal

No abstract provided.

Weihofen: Mental Disorder As A Criminal Defense, Winfred Overholser M.D.

Michigan Law Review

A Review of Mental Disorder as a Criminal Defense. By Henry Weihofen.

Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan

Michigan Law Review

Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.

Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross

Michigan Law Review

In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …

Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.

Michigan Law Review

Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …

Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld

Michigan Law Review

A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …

Criminal Responsibility And Mental Disorder: New Approaches To An Old Problem

Indiana Law Journal

No abstract provided.

The Psychology Of The Criminal Act And Punishment, By Gregory Zilboorg, Henry Weihoffen

Indiana Law Journal

No abstract provided.

Special Statutory Treatment For Sexual Psychopaths, J. A. Guzzetta

Buffalo Law Review

No abstract provided.

Guttmacher & Weihofen: Psychiatry And The Law., Morris Ploscowe

Michigan Law Review

A Review of Psychiatry and the Law. By Manfred. S. Guttmacher and Henry Weihofen.

A Lawyer Looks At Psychiatry And The Law, Alfred L. Gausewitz

Buffalo Law Review

No abstract provided.

A Psychiatrist Looks At Psychiatry And The Law, Fredric Wertham

Buffalo Law Review

No abstract provided.

Psychiatry And The Law -- A Dual Review, Jerome Hall, Karl Menninger

Articles by Maurer Faculty

No abstract provided.

Psychiatry And The Law, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.

Hospitalizing The Mentally Ill, Henry Weihofen

Michigan Law Review

It is hard for lawyers and doctors to see eye to eye on the fundamental problem of how to eliminate needless legalistic formality in hospitalization procedures and at the same time maintain adequate legal safeguards against error and abuse.

Lawyers are inclined to emphasize the need to guard against "railroading" sane persons into institutions without giving them a chance to prove their sanity. They therefore stress the importance of a fair trial, with adequate notice and a chance to be heard before being deprived of one's liberty. As a special committee of the American Bar Association said a few years …

Book Review. Durkheim, E., Suicide -- A Study In Sociology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.

Michigan Law Review

ln view of the apparently increasing number of cases which have come before the courts in recent years in which the defense of "temporary insanity" has been made, an investigation into the status of that defense in the criminal law of today would seem desirable. The term "temporary insanity" is one of popular origin and finds no place in strict legal terminology. The defense of incapacity for the mens rea, legally speaking, is "insanity," not "temporary insanity." But because of the human desire for a mot convenable, we have come to apply the term "temporary insanity" to those …

Testamentary Capacity As Affected By Insane Delusions

Indiana Law Journal

No abstract provided.

Criminal Law: Psychiatric Aid In Evaluating The Credibility Of A Prosecuting Witness Charging Rape

Indiana Law Journal

Recent Cases

Indiana Sexual Psychopath Statute

Indiana Law Journal

No abstract provided.

Selekman: Labor Relations And Human Relations, Michigan Law Review

Michigan Law Review

A Review of LABOR RELATIONS AND HUMAN RELATIONS. By Benjamin M. Selekman.

The Uses And Abuses Of Psychometric Tests, William A. Hunt

Kentucky Law Journal

No abstract provided.

Public Policies Underlying The Law Of Mental Incompetency, Milton D. Green

Michigan Law Review

Mental incompetency, or legal insanity, has usually been studied in the patchquilt fashion. It appears as a sub-heading of incidental interest in such widely diversified subjects as crimes, contracts, domestic relations, torts and wills. It can, however, be conceived of as a single strand in the seamless web. So viewed, it may appear to wind in and out of the various artificial subdivisions of the law, cutting across each at one particular place or another. And so conceived, it can be studied according to the second and less orthodox method of analysis. Few are the isolated areas in the law …

Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review

Michigan Law Review

Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.

A Re-Examination Of The Basis For Liability For Emotional Distress, Fowler V. Harper, Mary Coate Mcneely

Articles by Maurer Faculty

No abstract provided.